Ny i Danmark Corporate Scheme : Danish Immigration Service

Name of the Organization : Danish Immigration Service
Type of Facility : Corporate Scheme
Country : Denmark

Website : http://www.nyidanmark.dk/en-us/coming_to_dk/work/corporate-scheme.htm

Denmark Corporate Scheme

Please note that the Corporate scheme will be phased out from 1 January 2015. On 1 April 2015 the Corporate scheme will be replaced by the Fast-track scheme which requires for the company in Denmark to be certified.

Related : Danish Immigration Service Residence & Work Permit Under Greencard Scheme : www.statusin.org/6479.html

This means that from the time when it is possible to apply for a residence and work permit under the Fast-track scheme, that is, from 1 April 2015, no more corporate approvals or residence permits under the Corporate scheme will be issued.

Corporate approvals which expire in the period between 1 January 2015 and 1 April 2015 can only be extended until 1 April 2015. A residence permit granted under the Corporate scheme before 1 April 2015 can be extended under the current rules if the company has a valid corporate approval.

The corporate scheme makes it easier for companies with operations in Denmark to transfer employees with special abilities or qualifications from the company’s foreign departments to Denmark to work on a project or to carry out work that is innovative or educational in nature.

The corporate scheme allows an employee from a company’s foreign department to obtain a corporate residence permit in Denmark. While the permit is valid, the employee can alternate between working in Denmark and abroad without the permit lapsing.

Normally a residence permit will automatically lapse and become invalid when you give up residence in Denmark, or when you have lived outside Denmark for more than six months. To return to Denmark you will then need to apply for a new residence permit. These rules, however, do not apply to corporate residence permits.

Conditions:
A number of conditions must be met in order for you to get a corporate residence permit. However, a part of these conditions concern the company and its status. Consequently, the company is encouraged to obtain a corporate approval before you apply for a residence permit. The company is not required to do so, but if it does, your application as well as any subsequent applications from other employees can be processed faster.

Corporate approval:
A corporate approval can be granted to a Danish company which is part of an international corporation that has a foreign parent or sister company or subsidiary, or has active departments (divisions, branches or offices) abroad.

The company must meet the following conditions:
** The company must be able to document that it is part of an international corporation that has a foreign parent or sister company or subsidiary, or that it has active departments (divisions, branches, or offices) in at least one country besides Denmark. The company must identify all relevant corporate relations
** The Danish company must have no less than 10 employees
** The company’s general salary and employment conditions must correspond to Danish standards. If the company is not party to a collective bargaining agreement, it must declare that it meets this requirement
** The Danish company must be registered with SKAT, the Danish taxation authority, as responsible for withholding income taxes
** The Danish company may not be involved in a legal labour dispute
** The number of foreign employees with a residence permit under the Corporate scheme should not be disproportionate to the total number of employees
** The foreign departments must be bona fide businesses

A corporate approval is valid for three years with a possibility for extension. In order to qualify for extension, the company must continue to meet the above conditions.

Corporate residence permit:
You can be granted a corporate residence permit if you are employed in a Danish company’s foreign affiliate or department, and you are to work in the Danish company in connection with an innovative, developmental or educational purpose.

You must meet the following conditions:
** You must document that you are employed full-time in the foreign department of the company or corporation at the time of application. Temps or substitutes do not qualify
** You must document that you remain an employee for the foreign department while working for the Danish company. Working for the Danish company may not entail a change in your employment status with the foreign department
** The work you perform in Denmark must be related to a specific project or be innovative or educational in nature. You may not be employed to carry out ordinary operational tasks. The Danish company must sign a declaration stating this
** While working in Denmark, your salary and employment conditions must correspond to Danish standards

There are no specific educational requirements.

You may not begin working for the Danish company before you have received your corporate residence permit.

Duration:

If you get a residence and work permit on the grounds of an unlimited job contract (that is, a job contract with no expiration date), the duration of your permit will normally be four years. After this point, you can apply for an extension of your permit if you are still in the same job. If your permit expires, and you have applied for an extension, and you are still in the same job, on the same terms, as when you got your original permit, then you can stay in Denmark and continue working while your application for an extension is being processed.

If you get a residence and work permit on the grounds of a temporary job contract, the duration of your permit will be the same as that of your job contract.

If you submit your application from your country of origin or another country where you have legally resided for at least the past three months, you can be granted a residence permit valid for one month prior to the date your job begins. This is to enable you to get settled in Denmark. It is a condition that you declare that you can support yourself and any accompanying family members for one month prior to beginning at your new job. If you do not declare this, your residence permit will be valid for 14 days prior to the date your job begins. If you submit your application in Denmark, your residence permit will be valid from the date your job begins.

Please note that it is a condition that your passport is valid for at least three months beyond the duration of your residence permit.

If the relationship between the Danish company and the foreign company ends, your residence and work permit will normally be revoked.

If you find a new job:
If you find a new job while you are working, you must apply for a new residence and work permit. However, you may begin your new job before you have received your new permit, provided that you submit your application no later than the day you start your new job.

How to apply: http://www.nyidanmark.dk/en-us/coming_to_dk/work/how-to-apply/Employee.htm

Family members:
If you have been granted a residence and work permit under the Corporate scheme, you can bring certain family members.

The contact person arrangement:
If you represent a company or business in Denmark with foreign employees, you can be assigned a contact person in the Danish Agency for Labour Retention and International Recruitment who can guide you through the rules and regulations.